The use of remote hearings to maintain justice during the coronavirus outbreak Introduction Ed Owen, HMCTS Communications Director Webinar panel

Rosie Rand, Service Owner, Future Hearings Programme, HMCTS

Tim Britten, Deputy Director for Portfolio Delivery, HMCTS

Michelle Filby, Deputy Director, Crime Programme, HMCTS

Mark Fenhalls QC, Leader, South Eastern Circuit Remote hearings and our response to COVID-19 COVID-19 response – audio video taskforce

January First UK case of COVID

February HMCTS COVID-19 response team established

March BT Meet Me accounts increased Skype for Business brought into use for hearings

April • Crime CVP roll-out • Commenced delivery of recording for CVP

May CVP 9 court test in Civil and Family

June CVP Tranche 1 launch

July Complete roll-out of CVP in Crime

August Complete roll-out of CVP in Civil and Family

September 50% of the initial 44 AV hardware installations complete

October Continued hardware delivery into courts for hybrid hearings

November Further hardware installations Further development of reform projects

December Recording integrated with case management systems

Respond • Established our emergency response • Urgent expansion of existing technology

Stabilise • Developed greater support for existing technology • Started work on more sustainable options

Sustain • Complete the roll-out of CVP • Sustain and improve existing AV channels • Learn from our experiences and update our strategic plans, including the Court Reform programme

Recover • Start implantation of longer-term, more strategic initiatives which help HMCTS recover Why did we choose the Cloud Video Platform (CVP)? Compatibility

Video platforms

- MS Teams
- Skype
- Google hangouts

Browsers

- Google Chrome
- Firefox
- Edge
- Edge Chromium
- Safari

Hardware

- Polycom
- AVer
- Lifesize
- RADVISION
- SONY Security

CVP was already fully accredited for use in hearings

- Provides a secure connection between users that meets the standards required for our most sensitive hearings

- Hosted in the UK ensuring there are no issues around data sovereignty

- Does not require an installation of an application on a user’s device

- User able to control what is shared with the platform Support

- CVP supports the admin role which can be fulfilled by an HMCTS member of staff.

- This role provides litigants, judges and legal professionals with support through the hearing, allowing them to concentrate on their role in the hearing. Civil, Family and Tribunals Civil, Family and Tribunals

- CVP did not have a recording capability in March, so it could only be used in civil and family if it was being run from a courtroom.

- We concentrated on clear guidance and support for Skype for Business, and BT Meet Me while we built a secure recording capability for CVP.

March

- Roll-out of BT Meet Me and Skype for Business

April

- Commenced build of secure recording capability

May

- CVP 9 court test in Civil and Family

June

- Tranche one roll-out of 19 Civil and Family Courts

July

- Further roll-out of CVP in Civil and Family CVP roll-out

9 Court test

- We conducted a 9 court test in June to test the recording capability
- COMPLETE

Tranche 1

- Tranche 1 was rolled out on 30 June and included 19 courts
- COMPLETE

Tranche 2

- Feedback from tranche one courts will be taken and used to improve the preparation of tranches 2 onwards

Tranche 3

- We will move courts that are ready to earlier tranches to increase the pace of the roll-out

Tranche 4

- And we will be prepared to slow the deployment of tranches down if feedback from courts and users indicates issues with CVP Crime How does CVP work?

CVP is a secure digital network that creates a ‘Virtual Courtroom’ in which all parties can attend from any internet-connected video & audio capable computer, laptop, phone or tablet.

It can connect with the secure Justice Video System in courtrooms, prisons and many police stations, allowing other participants to engage within the virtual courtroom in a similar way to the physical courtroom. This is not feasible with other video solutions such as Skype, Zoom and Microsoft Teams. Why are we using CVP now?

Cloud Video Platform was already intended to be part of the reform courts and tribunals Video Hearing solution, but COVID-19 accelerated the project in unprecedented times.

In order to ensure justice in these circumstances, the Coronavirus Act 2020 allows for the expansion and availability of video and audio links in court proceedings.

For crime this included expanding the availability of video and audio links in various criminal proceedings, including fully video and audio hearings in certain circumstances. This technology has helped HMCTS help move people through the criminal justice system in these unprecedented times.

The Judiciary decide which cases are suitable for hearing by CVP and to date, none of the criminal hearings have been held by fully video or audio, with court staff and often the Judiciary appearing from within the court.

We initially started using CVP with our Priority 1 cases; overnight remands, custody time limit cases and sentencing hearings and we are now expanding this to include other hearing types such as Guilty Anticipated Plea (GAP) and Not Guilty Anticipated Plea (NGAP) hearings in the magistrates’ courts and Pre Trial Preparation Hearings (PTPH) and other non trial hearings in the Crown Court. How CVP enables parties to participate in a hearing

Police / Prison participant

‘Open’ courthouse participant Physical courtroom with Judge District Judge, Magistrate Bench, Legal Adviser / Court Associate / Clerk, Usher / List caller & any participants who have attended in person such as press or public

CVP virtual courtroom

Video Host / Court Video Operator

Internet / Skype / Teams or JVS\*

Crown Prosecution Service participant

Defence participant

Probation participant

Youth Offending Team participant

Interpreter participant

\*JVS is the Justice Video System already in courtrooms and used to connect to Prisons predominantly

## CVP Implementation and roll-out

| Magistrate Court | CVP rooms rolled out | Mag courts live | Police Custody's | Remands by CVP | Other hearings by CVP | CPS using CVP | Defence Using CVP | Probation using CVP | Interpreters using CVP | |------------------|----------------------|----------------|-----------------|----------------|-----------------------|--------------|-------------------|----------------------|------------------------| | April | 126 | 3 | 35 | 474 | 8 | 48 | 125 | 27 | 7 | | May | 425 | 53 | 73 | 3117 | 387 | 549 | 1689 | 541 | 52 | | June | 883 | 122 | 115 | 7045 | 2124 | 1270 | 3943 | 1329 | 143 | | July to date | 1033 | 122 | 116 | 8010 | 2879 | 1410 | 4371 | 1521 | 166 |

| Crown Court | CVP rooms rolled out | Crown Courts live | Prisons live | Hearings by CVP | CPS using CVP | Defence Using CVP | Probation using CVP | Interpreters using CVP | |-------------|----------------------|-------------------|--------------|-----------------|--------------|-------------------|----------------------|------------------------| | April | 126 | 4 | 5 | 26 | 12 | 23 | 1 | 0 | | May | 425 | 38 | 15 | 923 | 745 | 991 | 142 | 24 | | June | 883 | 64 | 41 | 4009 | 2638 | 3650 | 799 | 186 | | July | 1033 | 71 | 46 | 4753 | 3013 | 4251 | 881 | 164 | CVP Implementation and roll out

Magistrates’ courts • 75 remand courts live and using CVP • 42 non remand courts live and using CVP • 36 courts still to be approved by the Senior Presiding Judge • 116 police custody suites connected via CVP

Crown Court • 64 Crown Courts live and using CVP • 2 awaiting Senior Presiding Judge approval • 3 awaiting resident judge approval • 5 require further work before they can be approved • 6 courts awaiting testing • 46 prisons connected via CVP with 2 remaining CVP Crime usage data as of 14/07/2020

The following management information on CVP usage has been gathered manually by the CVP hosts, initially for overnight remands and then on to Crown Court as CVP usage built up.

| Magistrates’ CVP Usage as of 14/07/2020 | Crown Court CVP Usage as of 05/07/2020 | |----------------------------------------|----------------------------------------| | Number of overnight remands heard using CVP | Number of hearings heard using CVP | | 8010 | 4753 | | Number of other hearings heard using CVP | Number of CPS staff attending hearings via CVP | | 2879 | 3013 | | Number of Defence Advocates attending the hearing using CVP | Number of probation staff attending hearings via CVP | | 4371 | 881 | | Number of CPS staff attending hearings via CVP | Number of Defence Practitioners attending the hearing using CVP | | 1410 | 4251 | | Number of probation staff attending hearings via CVP | Number of interpreters connecting to hearings via CVP | | 1521 | 166 | | Number of interpreters connecting to hearings via CVP | | | 164 | |

## Month on month highlights for Crime

| March | April | May | June | July | |-------|-------|-----|------|------| | Crime CVP Team formed | 126 CVP rooms in place across Crime | 551 members of staff received CVP awareness / training | 883 CVP rooms now deployed across Crime | Started to work up process maps and guidance for all other hearing types where CVP may be used to add value. | | CVP process and guidance for overnight remands for all participants | Agreed Crown Court roll out plan with the Prisons which | 518 CJS Partners received overviews / engagement sessions | Agreed CVP GAP and NGAP process | Roll out of Custody Time Limit hearings towards the end of July. | | Agreed roll out plan with the Courts and Police Digital First | Trained the HMCTS Regional Implementation Teams | Provided 16 CVP test rooms to Circuit Leads, CLSA, Probation and CPS | Drafted and tested the Custody Time Limit case process for Magistrates | | | Started testing with 116 Police Custody teams | Rolled out CVP to all London Remand Courts | | | | | Drafted the CVP process and guidance for sentencing hearings in Crown court | Started to Roll out to Crown Court in Leeds | | | | Connectivity guidance and on the day guidance and processes were provided to all users. The team also undertook testing with all the courts and participants before a court was approved as “live” by both the Resident Judge and the Senior Presiding Judge. The team worked closely with the following stakeholders to ensure they were ready to use CVP:

- HMCTS Regional Implementation Leads and Leadership Teams
- The Judiciary
- Police
- Her Majesty’s Prison and Probation Service (HMPPS)
- Crown Prosecution Service (CPS)
- National Probation Service (NPS)
- Youth Offending Teams (YOTs)
- Liaison & Diversion (L&D)
- Defence Circuit Leads and the Criminal Law Solicitors Association (CLSA)
- NHS secure Hospitals The team engaged directly with circuit leaders and the Criminal Law Solicitors Association (CLSA) to talk to them about CVP and shared with them connectivity guidance, on the day guidance and processes for their members to use when using CVP for a hearing.

We provided initial training and awareness sessions for each circuit and assigned them each a CVP training room so that they could allowing advocates to experience connecting to CVP, giving support and an overview of the features.

In our Magistrates courts Defence Advocates received offers to attend awareness and support sessions run by our Regional Implementation Teams.

There is also guidance for defence on Gov.uk [defence guidance on GOV.UK](https://www.gov.uk) CVP help and assistance available to all users

Internal users HMCTS staff in the courthouse or in the virtual courtroom have a dedicated helpline number to raise issues or seek assistance and to support this there is also guidance on the HMCTS Intranet.

External users Legal professionals (CPS, NPS, defence etc) and defendants-in-person should first check guidance on GOV.UK to resolve. If their issue is not resolved they can then telephone 0330 808 9405 for help.

Press & media Have been engaged with directly and should submit a request to the local court by email or telephone. The courts should then follow their processes. A view from the Bar

Mark Fenhalls QC Questions?

Please take the opportunity to submit questions to the panel Thank you for attending

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